《刑法》第67条“坦白”理解与适用之管见

《刑法修正案(八)》将"坦白"提升为法定量刑情节,但其与自愿如实供述并不相同,作为自首的降格认定,仅包括犯罪嫌疑人被动归案后如实交代已被司法机关掌握的本人罪行,或者如实交代尚未被司法机关掌握但与司法机关已掌握的罪行属同种罪行的情形。由于坦白主体是犯罪嫌疑人,其仅成立于侦查阶段和审查起诉阶段。在适用上,应将其置于整个从宽处罚体系中特别是与自首的衔接上来衡量从宽的幅度,禁止对其"重复评价",还应探索坦白在刑事诉讼程序上的适用空间。     

论行政惯例的行政法法源地位及其制度构建

行政主体执法中的习惯性做法形成行政惯例,行政惯例应当具有法源地位。其获得法源地位符合信赖利益保护原则,行政自我拘束原则及缓解成文法局限的要求。构建成立要件是行政惯例制度的基础,成立行政惯例需符合主体适格,有一定地域适用性,主观确信,有反复适用的客观行为,符合法律规定和精神,符合政策导向等条件。我国适用制度的构建包括明确行政惯例的法源地位及效力位阶,建立案例指导制度和强化行政惯例监督制度等方面。     

Soviet war memorials and the re-construction of national and local identities in post-communist Poland

This article proposes to look afresh at the legacies of communism in urban spaces in post-1989 Poland. Specifically, it investigates the fate of Red Army monuments and explores how these public spaces have been used in the multifaceted and multileveled process of post-communist identity formation. The article suggests that Red Army monuments constitute sites for the articulation of new narratives about the country's past and future which are no longer grounded in the fundamental division between “us” (the nation) and “them” (the supporters of communism) and which are far from being fixed in the binary opposition of the banished and the embraced past. The reorganization of public memory space does not only involve contesting the Soviet past or affirming independence traditions but is rather the outcome of multilayered processes rooted in particularities of time and space. Moreover, the article argues that the dichotomy “liberator versus occupier,” often employed as a viable analytical tool by scholars investigating the post-communist memorial landscape, impedes our understanding of the role played by Soviet war memorials in the process of re-imagining national and local communities in post-1989 Eastern Europe.     

Rethinking civil society

Most studies of civil society are mainly normative, both in their conceptualization and in their theoretical assumptions. We suggest a new, or better a revised, research agenda of the study of civil society, which should include (at least) these four points. First, the concept of civil society should be seen as a heuristic device. Second, the separation between 'civil society' and 'uncivil society' makes sense only in a normative framework, and then exclusively with uncivil society defined as a sub-set of civil society. Third, empirical research on civil society should study the nature of the relationship between civil society organizations and democracy/democratization, rather than assume it. Fourth,'uncivil' movements and contentious politics should be included in the study of civil society.     

Prison Birthday: "It's All Good"

Due to an overreliance on arrests in the late 1990s, the incarceration of young women in the United States increased dramatically. On any given day in 2010, over 9000 girls were held in residential placement. Largely hidden from public view, little is known about the health requirements of female adolescent offenders in US secure custody. Less is known about how those needs are met while in detention. Curiously, while most theories regarding female juvenile delinquency draw upon non-criminogenic health-related factors – sexual abuse, family violence, and low self-esteem – their specific legal troubles are rarely, if ever, framed in public health terms. Drawing on original interviews with 100 court-involved girls, detainees’ perceptions of their medical, psychological, sexual, and social health concerns are highlighted. The data link court-involved girls’ prior health issues to their coming to the attention of juvenile authorities as well as demonstrating possible non-compliance with domestic and international standards for the health rights of juveniles deprived of their liberty.     

Patrilines,surnames, and family identity:

The Imperial decrees emancipating the serfs of the Russian Baltic provinces (1816–1820) included the requirement that serfs, who would now become free peasants and obtain legal standing, have both a first name and a surname, the latter of their own choosing. The article examines the process through which Baltic peasants obtained surnames and analyzes the choices they made. In the Pinkenhof estate, in the province of Livland, emancipated serfs most often chose surnames that reflected their place of residence, but also frequently chose names from the natural world, occupations, and other similar sources. The acquisition of surnames helped to consolidate family and lineage identity, which had been difficult in the pre-emancipation perion when individuals bore only a first name plus the name of the place in which they were currently residing, the latter changing as they moved.     

Mental Health Problems among Prison Inmates: the Effect of Welfare Deficiencies,Drug Use and Self‐Efficacy

In this paper, we investigate the differential contribution of accumulated welfare deficiencies, drug use, and self‐efficacy on inmates' current symptoms of mental health problems. Few studies so far have investigated inmates' mental health based on empirical data covering both social and psychological predictors. Our analyses are aimed at the following research questions: (a) what is the relationship between welfare deficiencies, drug use, and symptom reporting among prison inmates? (b) is this relationship influenced by inmates' perceived self‐efficacy? and (c) how might this information be used to inform the discussion of challenges in prisoner re‐entry? Findings are based on a national survey among prison inmates in Norway, focusing on living conditions generally, as well as mental distress, drug use, and self‐efficacy. The findings indicate serious accumulation of disadvantage, and more welfare deficiencies among drug users and those suffering from mental distress. When it comes to prediction of mental distress, accumulation of welfare deficiencies and self‐efficacy both turned out as significant contributors. The findings are discussed both in terms of practical implications, and in terms of how they illustrate some of the shortcomings inherent in a traditional welfare research perspective.     

Where the Low Road and the High Road Meet: Flexible Employment in Global Value Chains

This article examines production organisation and employment patterns in the export-orientated centres of Denizli (Turkey) and Tiruppur (India). It argues that Denizli and Tiruppur's involvement in global value chains has resulted in segmented production patterns and insecure employment arrangements. Larger producers use sub-contractors as a strategy to mediate the instability of international contracts and pass the uncertainty in their global linkages on to smaller firms and their workforces. Such flux, then, has become a regularised feature of manufacturing work within the ranks of sub-contractors. Employers have solidified these production arrangements by recruiting rural and female workers. The article sheds light on the relationship between new production forms and rising employment insecurity.     

Contractual Conditions,Organizational Level,Dimension of Organization,and Work Conflict as Potential Predictors of Job Stress in Public Administration

Job stress is a pervasive problem for employers in the 21st century economy, making it a timely and important topic in organizational settings. The variables influencing job stress are numerous and consequently it may be analyzed from different perspectives, but the root is primarily physical and psychosocial. This study specifically explores three physical sources of job stress—contractual condition of work, organizational position, and dimension of organization—and of one psychosocial source—work conflict. A survey instrument was used to collect information from regional Public Administration employees of South Italy. Data from 1,130 respondents were analyzed. Statistical correlations and hierarchical regression showed that contractual condition of work, organizational position, organizational dimension, and work conflict were all predictive aspects of job stress.     

HOPE VI–a viable strategy for improving neighborhood conditions and resident self-sufficiency? The case of Maverick Gardens in Boston

This article considers whether the HOPE VI program has achieved two of its key goals: improving neighborhood conditions and increasing resident self-sufficiency. Findings from the Maverick Gardens HOPE VI program in Boston, Massachusetts are presented and discussed in the context of other research on HOPE VI and other relocation initiatives.

Evidence from the Boston site affirms that the combination of relocation and redevelopment can lead to dramatic improvements in neighborhood quality for many – but not all – residents. Self-sufficiency outcomes, on the other hand, were not achieved: employment did not change, job networks were not expanded to new neighbors, and some residents experienced a decline in economic stability as a result of the program. Why HOPE VI has failed to improve neighborhood conditions for all residents and why it has failed to impact resident self-sufficiency is discussed, and how program goals and strategies might be adjusted to make it more effective is considered.